HomeMy WebLinkAbout2021-09-01; Planning Commission; Resolution 7422PLANNING COMMISSION RESOLUTION NO. 7422
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
AND TENTATIVE PARCEL MAP TO SUBDIVIDE AN APPROXIMATELY .97-
ACRE LOT INTO FOUR PARCELS TO CONSTRUCT A TWO-STORY, 3,182-
SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON EACH PARCEL LOCATED AT
3745 ADAMS STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ADAMS STREET HOMES
CASE NO.: CDP 2020-0043/MS 2020-0004 (DEV2020-0126)
WHEREAS, Dennis Gimian, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Ricky and Chico Trust, Goldenwest Capital, LLC, "Owner,"
described as
ALL THAT PORTION OF TRACT NO. 236 OF THUM LANDS IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 1681, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO, DECEMBER 19, 2015, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET, A
DISTANCE THEREON NORTH 28°39' WEST 734.81 FEET FROM ITS
INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE, SAID
POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF
THAT PORTION OF SAID TRACT NO. 236 CONVEYED BY THE SOUTH
COAST LAND COMPANY TO SALVADOR AND YSIDRA TREJO BY DEED
DATED JANUARY 19, 1931, AND RECORDED IN BOOK 1870, PAGE 77 OF
DEEDS; THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO
CONVEYED TO TREJO SOUTH 61°21' WEST A DISTANCE OF 195.03 FEET
TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT
NO. 236 CONVEYED BY SOUTH COAST LAND COMPANY TO DEAN F.
PALMER BY DEED DATED MAY 05, 1927 AND RECORDED IN BOOK 1335,
PAGE 384 OF DEEDS; THENCE ALONG THE SOUTHEASTERLY LINE OF THE
PALMER PORTION NORTH 61 THENCE ALONG THE SOUTHEASTERLY
LINE OF THE PALMER PORTION NORTH 61°21' EAST A DISTANCE OF
446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET;
THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28°39'
EAST A DISTANCE OF 195.03 FEET TO THE POINT OF THE BEGINNING.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal development
Permit and Tentative Parcel Map as shown on Exhibit(s) "A" -"EE" dated September 1, 2021, on file in
the Planning Division, CDP 2020-0043/MS 2020-0004-ADAMS STREET HOMES, as provided by Chapters
21.10, 21.201, 21 .203, 21.85, 21.90, and 20.24 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 1, 2021, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Coastal Development Permit and Tentative Parcel Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2020-0043/MS 2020-0004-ADAMS STREET HOMES, based on the following findings
and subject to the following conditions:
Findings:
Coastal Development Permit (CDP 2020-0043)
1. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program {LCP) and all applicable policies, in that the site is designated R-4
Residential (0-4 du/ac) for single-family residential development by the Mello II Segment of the
LCP. The project consists of the construction of four single-family residences at a density of 4.12
du/acre on a 0.97-acre lot, which exceeds the maximum four dwelling units per acre but is
permitted under General Plan Land Use Policy 2-P16 as discussed in finding 15.a below. The
proposed two-story, single-family residences will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive
resources located on the property. In addition, the project is not located in an area of known
geologic instability or flood hazards. Since the site does not have frontage along the coastline,
no public opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residentially designated site is not suited for water-oriented recreation
activities.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the four
single-family residences will not interfere with the public's right to physical access to the ocean;
furthermore, the residentially designated site is not suited for water-oriented recreation
activities.
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3. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the four single-family residences will adhere to
the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design
Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban
runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is
located on the subject property and the previously graded site is not located in an area prone
to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
4. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
5. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
Tentative Parcel Map (MS 2020-0004)
6. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the subdivision of the property into
four parcels satisfies all the minimum requirements ofTitle 20 and has been designed to comply
with other applicable regulations including the R-4 Residential General Plan Land Use
designation and the One-Family Residential (R-1) Zone such as density, lot area, and lot width.
7. That the proposed project is compatible with the surrounding future land uses in that the
proposed subdivision of the 0.97-acre lot into four parcels will result in four new single-family
residences and is surrounded by single-family residential development. The proposed
subdivision meets all applicable standards of the One-Family Residential (R-1) Zone and the R-
4 Residential General Plan Land Use designation, such as land use, density, lot area, and lot
width which is consistent with the surrounding properties.
8. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed in
that all required development standards such as minimum lot size, minimum lot width, and
other design criteria required by the One-Family Residential (R-1) Zone are incorporated into
the four lot subdivision.
9. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that there are no
easements of record or easements established by court judgment for access through or use of
property within the property.
PC RESO NO. 7422 -3-
10. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
11. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the subdivision of the property into
four parcels meets the minimum lot size and lot width which allows for passive or natural solar
heating and cooling opportunities and provides ample area to take advantage of coastal
breezes.
12. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the City and available fiscal and environmental resources.
13. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the project site has been previously developed and is surrounded by existing development.
14. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the subdivision of the property into
four parcels and the construction of four single-family residences will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion.
General
15. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated
September 1, 2021 including, but not limited to the following:
a. Land Use & Community Design -The project makes efficient use of limited land supply by
subdividing a 0.97-acre lot into four parcels to construct one single-family residence on each
lot for a total of four new single-family residences. The project meets all development
standards, provides adequate parking, and the proposed design and materials ensure the
development will be compatible with the surrounding neighborhood. Furthermore, the
project provides a variety of housing types within the existing neighborhood by constructing
four new single-family residences, which will allow for one attached junior accessory
dwelling unit and one detached accessory dwelling unit on each parcel and will assist in
meeting the diverse needs of the residents. The project has a density of 4.12 dwelling units
per acre which is slightly above the R-4 Residential density of 0-4 dwelling units per acre and
is allowed in accordance with General Plan Land Use Policy 2-P16. The project meets the
findings required for General Plan Land Use Policy 2-P16 in that the project is consistent with
the R-4 Residential land use designation and applicable goals and policies of the General
Plan; and furthermore, there is sufficient infrastructure in place and utilities and
improvements that will be provided as part of the development. In addition, the proposed
density of 4.12 dwelling units per acre does not exceed the maximum of four dwelling units
per acre by more than 25 percent.
PC RESO NO. 7422 -4-
b. Housing -The project site is vacant and therefore the project is conditioned to pay an in-lieu
fee on a per unit basis for four units.
c. Mobility -The proposed project has been designed to meet all circulation requirements,
including vehicular access to and from Adams Street. In addition, the applicant will be
required to pay any applicable traffic impact fees, prior to issuance of a building permit, that
will go toward future road improvements. The proposed project will construct a sidewalk
along the project frontage of Adams Street which will provide pedestrian access to and from
the project.
d. Noise -The project consists of four single-family residences; therefore, a noise study was not
required since the project is not a multi-family project and is less than five units. However,
the project has been conditioned to meet a 45 dB{a) CNEL interior noise level when openings
to the exterior of the residence are open or closed. If openings are required to be closed to
meet the interior noise standard, then mechanical ventilation shall be provided.
e. Public Safety -The proposed structural improvements will be required to be designed in
conformance with all seismic design stand~rds. The proposed project is consistent with all
applicable fire safety requirements including fire sprinklers. Additionally, the proposed
project is not located in an area of known geologic instability or flood hazard and the site is
not located in an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction. ·
16. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection of
wildlife and plant species while continuing to allow compatible development in accordance with
the Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species
is required by the Open Space and Conservation Element of the city's General Plan which provides
for the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
development will contribute to the need for additional regional infrastructure that, in turn, will
adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new
development within the city is essential to fund implementation of the city's Habitat Management
Plan. Pursuant to the HMP, the project has been conditioned to pay habitat in-lieu fees for
impacts to 0.83 acres of disturbed lands {Group F} and 0.15 acres of non-native grasslands
{Group E).
17. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need . Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
PC RESO NO. 7422 -5-
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
19. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332, In-Fill Development Project, of the state California
Environmental Quality Act {CEQA) Guidelines.
20. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading
permit, building permit, or recordation of the Final Parcel Map, whichever comes first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Coastal Development Permit
and Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Tentative Parcel Map, documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
PC RESO NO. 7422 -6-
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Coastal Development Permit and Tentative Parcel
Map, (b) city's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the city's approval is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site
Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the·
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, subject
to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay
any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All
such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
12. Prior to the issuance of the grading permit or final parcel map approval, whichever comes first,
Developer shall submit to the City a Notice of Restriction executed by the owner of the real
PC RESO NO. 7422 -7-
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
· to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Coastal Development Permit and Tentative Parcel Map, by
Resolution(s) No . 7422 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of approval
as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
13. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the city's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the city has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat In-Lieu Mitigation Fees, consistent with
the city's Habitat Management Plan for impacts to 0.83 acres of disturbed lands (Group F) and
non-native grasslands (Group E). If the In-lieu Mitigation Fee for this project is not paid, this
project will not be consistent with the Habitat Management Plan and the General Plan and any
and all approvals for this project shall become null and void.
16. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final parcel map approval. Prior to issuance of a Certificate of Occupancy, the Developer shall
provide the Planning Division with a recorded copy of the official CC&Rs that have been approved
by the Department of Real Estate and the City Planner. A "hold" will be placed on the building
permit (i.e. Certificate of Occupancy) to ensure that said CC&Rs are received prior to issuance of
Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
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b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article ___ ~ Section ______ the city shall have the right, but not the
duty, to perform the necessary maintenance. If the city elects to perform such maintenance,
the city shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to be required
and requesting the same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the city's notice, the City shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
city, the city may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ _
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _
PC RESO NO. 7422 -9-
17. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy
of the Condominium Plan filed with the Department of Real Estate which is in conformance with
the city-approved documents and exhibits.
18. At issuance of building permits, or prior to the approval of a final map the Developer shall pay to
the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit
basis in the amount in effect at the time, as established by City Council Resolution from time to
time.
19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
20. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
22. Prior to the recordation ofthe first final parcel map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject to
noise impacts from the proposed or existing Transportation Corridor, in a form meeting the
approval of the City Planner and the City Attorney.
23. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
24. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
25. Prior to the issuance of any Certificates of Occupancy, field testing in accordance with Title 24
regulations are required to verify compliance with STC and IIC design standards such as meeting
the 45 dB(a) CNEL interior noise level when openings to the exterior of the residences are open
or closed. If openings are required to be closed to meet the interior noise standard, mechanical
ventilation shall be provided. Mechanical ventilation for each unit shall be shown on the plans
submitted for a building permit. A statement certifying that the required features have been
PC RESO NO. 7422 -10-
incorporated into the building plans, signed by an acoustical analyst/acoustician shall be
located on the building plans.
26. Clearing and grading activities should be avoided during the bird nesting season (February 15
through September 15) to reduce indirect impacts to nesting birds that may be present within
the construction footprint. If this cannot be avoided, the following measures shall be taken:
Engineering:
a. Nesting bird surveys shall be conducted by qualified biologist in appropriate habitat for
nesting raptors and migratory birds and within a 500-foot survey buffer within three
days of construction.
b. If nests of federally or state-listed or special status birds of other migratory birds or
raptors are located, a fence with a protective buffer of at least 500 feet from active
nests of federally or state-listed species, and 300 feet from other bird species shall be
placed. All construction activity shall be prohibited within this area. Reduced buffers
can be requested from the City if the project biologist can demonstrate that nesting
success will not be affected. Once the biologist has determined the nesting cycle has
completed, work can commence.
Unless specifically stated in the condition, all of the following conditions, upon the approval of this.proposed
subdivision, must be met prior to approval of a final map, building permit or grading plan whichever occurs
first.
General
27. Prior to hauling dirt or cqnstruction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
28. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
29. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private drive aisles, utilities,
street trees, sidewalks, landscaping,, water quality treatment measures, low impact development
features, storm drain facilities, etc. located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this subdivision.
30. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
31. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
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32 . Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
33. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage with Adams Street as shown on the Tentative
Map.
Fees/ Agreements
34. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
35. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
36. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Panhandle Lot Hold Harmless Agreement.
37. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
38. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
39. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, material deliveries, bathroom
facilities, parking of construction vehicles, employee parking, construction fencing and gates,
obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
Storm Water Quality
40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
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maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
41. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
42. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan {SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
43. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
44. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage, parking, reciprocal vehicular access, pedestrian access) purposes
as shown on the tentative map. The offer shall be made by a certificate on the final map.
Developer shall pay processing fees per the city's latest fee schedule.
45. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems {12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
46. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the city engineer. These improvements include, but are not limited to:
1. Half street improvements including, curb, gutter, sidewalk and AC paving.
2. Full street width AC overlay.
3. Water meters.
4. Sewer Laterals.
Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the subdivision or development improvement agreement or such other time as provided in
said agreement.
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47. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
48. Developer is responsible to ensure all existing overhead utilities servicing the subject property
are to be undergrounded to the satisfaction of the city engineer. No new or relocated utility
poles are allowed.
49. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Tentative Map
and to the satisfaction of the city engineer. These facilities shall be constructed within the
property.
Non-Mapping Notes
50. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1. Half street improvements including, curb, gutter, sidewalk and AC paving.
2. Full street width AC overlay.
3. Water meters.
4. Sewer Laterals.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
2. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
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Utilities
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
50. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project.
51. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
52. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
53. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 ofthe
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
54. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
55. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the city engineer.
56. This tentative map shall expire two years from the date on which the planning commission voted
to approve this application.
57. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
58. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
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59. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
60. Developer acknowledges that the project is required to comply with the city's greenhouse gas
{GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code {CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements
results in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrate.d on or with
the construction plans prior to issuance of the applicable development permits.
61. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
62 . Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days ofthe date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
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similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on September 1, 2021, by the following vote, to wit
AYES: Commissioners Kamenjarin, Luna, Meenes, Merz, and Sabellico
NOES: Commissioner Lafferty
ABSENT:
ABSTAIN: Commissioner Stine
ROY MEENES, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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